ISCR Case 03-00280.h1

Case Headnote

ISCR Case No. 03-00280.h1

deniedJun 29, 2004· Hon. Joseph Testan· hearing

Summary

A 27-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from the applicant's intentional falsification of material facts on his Security Clearance Application (SCA) dated May 8, 2002, and a documented history of alcohol-related offenses and conduct.

Specifically, the applicant falsely answered "no" to a question about prior alcohol or drug-related charges, despite having a 1995 drug-related charge and DUIs in 1999 and 2000. He also failed to disclose one of two Uniform Code of Military Justice (UCMJ) disciplinary proceedings and falsely stated he had not received alcohol counseling, which he had in 1997 or 1998. His history included UCMJ violations in 1997 for provoking words, assault, and drunk and disorderly conduct, and another UCMJ violation in 1997 for drunk and disorderly conduct.

Further criminal conduct included a 1995 plea of guilty to misdemeanor possession of drug paraphernalia, a 2000 DUI conviction reduced to reckless driving, and a 1999 DUI arrest where charges were dismissed. The judge concluded that the applicant's conduct, marked by dishonesty and a pattern of alcohol-related incidents, reflected adversely on his judgment and reliability, making a security clearance inconsistent with national interest.

Why the Applicant Was Denied

Applicant intentionally falsified material facts on his SCA, including omissions of alcohol-related arrests and counseling.
The applicant's history of alcohol-related incidents and criminal conduct demonstrated poor judgment and reliability.
The applicant failed to provide credible evidence to mitigate concerns regarding his alcohol consumption and dishonesty.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
E2.A7.1.2.1appliedAlcohol-related Incidents Away From Work, Such as Driving Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses

Key Rule Quoted

“When such an individual intentionally falsifies material facts on a security clearance application, it is extremely difficult to conclude that he or she nevertheless possesses the good judgment, reliability and trustworthiness required of clearance holders.”

Procedural Posture

SOR issuedJan 28, 2004
Answer filedFeb 9, 2004Applicant elected to have case determined on written record.
Hearing held—No hearing; case determined on written record.
Decision dateJun 29, 2004

Cite For

Intentional Falsification of Material Facts on a Security Clearance Application Under Guideline E
Impact of Alcohol-related Incidents on Security Clearance Eligibility Under Guideline G
Consideration of Criminal Conduct in Security Clearance Determinations Under Guideline J

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant intentionally provided false, material information to the Government in response to three questions on a Security Clearance Application (SCA) he executed on May 8, 2002.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	In response to Question 24, which asked, 'Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?' applicant stated 'no.' This response was false because, as noted above, applicant had been charged with a drug-related offense in 1995, a DUI in June 1999, and a DUI in 2000.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	In response to Question 25, which asked, 'In the last 7 years have you been subject to court martial or other disciplinary proceedings under the UCMJ?' applicant stated 'yes,' but then disclosed just one of the two incidents for which he received punishment under the UCMJ.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	In response to Question 30, which asked, 'In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism)?' applicant stated 'no.' This response was false because, as noted above, applicant had received alcohol counseling in 1997 or 1998.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally provided false, material information to the Government in response to three questions on a Security Clearance Application (SCA) he executed on May 8, 2002.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.b

In response to Question 24, which asked, 'Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?' applicant stated 'no.' This response was false because, as noted above, applicant had been charged with a drug-related offense in 1995, a DUI in June 1999, and a DUI in 2000.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.c

In response to Question 25, which asked, 'In the last 7 years have you been subject to court martial or other disciplinary proceedings under the UCMJ?' applicant stated 'yes,' but then disclosed just one of the two incidents for which he received punishment under the UCMJ.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.d

In response to Question 30, which asked, 'In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism)?' applicant stated 'no.' This response was false because, as noted above, applicant had received alcohol counseling in 1997 or 1998.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately January 1997 to at least July 29, 2002.	Against Applicant	Binge or Intoxication Pattern	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.b	Applicant has been arrested and/or charged with alcohol-related offenses on four separate occasions.	Against Applicant	Unspecified Alcohol Incident	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.c	Applicant has been convicted of alcohol-related offenses on at least two occasions.	Against Applicant	Unspecified Alcohol Incident	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.d	Applicant continues to consume alcohol.	Against Applicant	Unspecified Alcohol Incident	Denied	(e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately January 1997 to at least July 29, 2002.

Against Applicant

Binge or Intoxication Pattern

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.b

Applicant has been arrested and/or charged with alcohol-related offenses on four separate occasions.

Against Applicant

Unspecified Alcohol Incident

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.c

Applicant has been convicted of alcohol-related offenses on at least two occasions.

Against Applicant

Unspecified Alcohol Incident

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.d

Applicant continues to consume alcohol.

Against Applicant

Unspecified Alcohol Incident

Denied

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In approximately June 1997, while serving in the U.S. Navy, applicant was charged with violating three Articles of the Uniform Code of Military Justice (UCMJ); namely (1) Article 117 - Wrongful Use of Provoking Words, (2) Article 128 - Assault, and (3) Article 134 - Drunk and Disorderly Conduct. He was found guilty and sentenced to 30 days restriction and extra duty, ordered to forfeit $400.00 in pay for two months, and was reduced in rank (suspended for six months).	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In approximately December 1997, while still serving in the U.S. Navy, applicant was charged with violating Article 134 of the UCMJ. He was found guilty and was sentenced to 60 days restriction, reduced in rank, and ordered to forfeit $450.00 in pay for two months.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In 1999, applicant was arrested and charged with Driving Under the Influence (DUI) and two lesser charges. All three charges were dismissed. Applicant admits he had been drinking immediately prior to his arrest.	Against Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In August 2000, applicant was arrested and charged with DUI. He was found guilty of Reckless Driving and was fined $1,000.00.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In 1995, applicant was arrested and charged with (1) Misdemeanor Possession of Drug Paraphernalia and (2) Misdemeanor Possession of Cannabis. He pleaded guilty to the first charge and the second charge was dismissed. He was fined $250.00.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	In 2001, applicant was arrested in State A on a warrant for a drug-related offense issued by State B. After spending a day in jail, applicant was released with no charges being filed. Applicant believes his arrest was the result of mistaken identity.	Against Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	Applicant intentionally provided false, material information to the Government in response to three questions on a Security Clearance Application (SCA) he executed on May 8, 2002.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	In response to Question 24, which asked, "Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?" applicant stated "no." This response was false because, as noted above, applicant had been charged with a drug-related offense in 1995, a DUI in June 1999, and a DUI in 2000.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.i	In response to Question 25, which asked, "In the last 7 years have you been subject to court martial or other disciplinary proceedings under the UCMJ?" applicant stated "yes," but then disclosed just one of the two incidents for which he received punishment under the UCMJ.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.j	In response to Question 30, which asked, "In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism)?" applicant stated "no." This response was false because, as noted above, applicant had received alcohol counseling in 1997 or 1998.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In approximately June 1997, while serving in the U.S. Navy, applicant was charged with violating three Articles of the Uniform Code of Military Justice (UCMJ); namely (1) Article 117 - Wrongful Use of Provoking Words, (2) Article 128 - Assault, and (3) Article 134 - Drunk and Disorderly Conduct. He was found guilty and sentenced to 30 days restriction and extra duty, ordered to forfeit $400.00 in pay for two months, and was reduced in rank (suspended for six months).

Against Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.b

In approximately December 1997, while still serving in the U.S. Navy, applicant was charged with violating Article 134 of the UCMJ. He was found guilty and was sentenced to 60 days restriction, reduced in rank, and ordered to forfeit $450.00 in pay for two months.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.c

In 1999, applicant was arrested and charged with Driving Under the Influence (DUI) and two lesser charges. All three charges were dismissed. Applicant admits he had been drinking immediately prior to his arrest.

Against Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.d

In August 2000, applicant was arrested and charged with DUI. He was found guilty of Reckless Driving and was fined $1,000.00.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.e

In 1995, applicant was arrested and charged with (1) Misdemeanor Possession of Drug Paraphernalia and (2) Misdemeanor Possession of Cannabis. He pleaded guilty to the first charge and the second charge was dismissed. He was fined $250.00.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.f

In 2001, applicant was arrested in State A on a warrant for a drug-related offense issued by State B. After spending a day in jail, applicant was released with no charges being filed. Applicant believes his arrest was the result of mistaken identity.

Against Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.g

Applicant intentionally provided false, material information to the Government in response to three questions on a Security Clearance Application (SCA) he executed on May 8, 2002.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.h

In response to Question 24, which asked, "Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?" applicant stated "no." This response was false because, as noted above, applicant had been charged with a drug-related offense in 1995, a DUI in June 1999, and a DUI in 2000.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.i

In response to Question 25, which asked, "In the last 7 years have you been subject to court martial or other disciplinary proceedings under the UCMJ?" applicant stated "yes," but then disclosed just one of the two incidents for which he received punishment under the UCMJ.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.j

In response to Question 30, which asked, "In the last 7 years has your use of alcoholic beverages (such as liquor, beer, wine) resulted in any alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism)?" applicant stated "no." This response was false because, as noted above, applicant had received alcohol counseling in 1997 or 1998.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES